Madhya Pradesh High Court
Nishar Nat vs The State Of Madhya Pradesh on 10 October, 2025
Author: Anand Pathak
Bench: Anand Pathak
1 CRA-14223-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 14223 of 2024
(NISHAR NAT Vs THE STATE OF MADHYA PRADESH )
Dated : 10-10-2025
Ms. Kusum Sharma - Advocate for the appellant.
Shri B.P.S.Chouhan - Public Prosecutor for the respondent/State.
Heard on I.A.No.9161/2025, an application under Section 389 (1)
of Cr.P.C. on behalf of sole appellant - Nishar Nat for suspension of sentence
and grant of bail.
2. This criminal appeal assails the judgment dated 11.09.2024
passed by Second Additional Judge, Ashoknagar, M.P. to Special Judge,
POCSO Act (2012)/First District and Additional Sessions Judge
Ashoknagar in SCATR-166/2021; whereby, present appellant has been
convicted and sentenced as under:-
Default in
Section Imprisonment Fine
lieu
2 Years' R.I. Rs.1000/- 2 months'
363 of IPC
R.I.
3 Years' R.I. 2 months'
366A of IPC Rs.1000/-
R.I.
376 (3) of IPC r/w Section 3(2)(v) Rs.5000/-
20 Years' R.I. 2 years' R.I.
of POCSO Act
Section 5 (tha ) r/w Section 6 of
20 Years' R.I. Rs.5000/- 2 years' R.I.
POCSO Act
3. It is the submission of counsel for present appellant that the
trial Court erred in convicting and awarding jail sentence to appellant. It is
further submitted that appellant and prosecutrix shared emotional and
physical proximity with consent and both lived together as couple for five
2 CRA-14223-2024
days at Ahmedabad. It is highly improbable that prosecutrix did not raise any
alarm during that period. She left her maternal home on her own volition,
which is reflected even from her statement under Section 161 of Cr.P.C. and
court statement. She was at the cusp of attaining majority and was not minor.
4. It is specifically submitted by the counsel for the appellant that the
appellant undertakes not to move in the vicinity of the prosecutrix because
prosecutrix married to somebody else and he would not cause embarrassment
and harassment to her in any manner. Counsel for the appellant further
undertakes on behalf of the appellant that he shall mark his presence
regularly before the trial court and the concerned police station if deem fit by
this Court.
5. It is further submitted that the final hearing of the appeal shall take
some time and he has a good case on merits. He undertakes to abide by all
terms and conditions as imposed by this Court. On such grounds, learned
counsel prays for suspension of sentence.
6. Per contra, learned counsel for the respondent/State opposed
the prayer and prayed for rejection of application.
7. Heard learned counsel for the parties and record perused.
8. Considering the submissions advanced and the nature of evidence
surfaced, it appears that prosecutrix herself submitted that she left her
matrimonial home on her own volition and lived with the appellant for some
days without raising any alarm, therefore, this Court intends to allow the
present application. However, looking to the fact situation, without
commenting on the merits of the case, I.A.No.9161/2025 stands allowed
3 CRA-14223-2024
with certain stringent conditions. It is directed that the jail sentence of
present appellant shall remain suspended during pendency of the present
appeal and he shall be released on bail subject to verification of the
factum of depositing the fine amount and on his furnishing personal bond in
the sum of Rs.25,000/- (Rupees Twentyfive Thousand Only) with one
solvent surety in the like amount to the satisfaction of the Trial Court
concerned. The appellant is directed to appear before the Registry of this
Court first on 18.12.2025 and on other subsequent dates as may be fixed in
this behalf.
9. Present appellant shall not move in the vicinity of the prosecutrix
and shall not be a source of embarrassment and harassment to the
complainant/victim side in any manner. He shall not try to contact the
victim/prosecutrix through electronic mode or any other mode; otherwise,
benefit of bail given today by way of suspension of sentence shall be
withdrawn immediately.
10. Present appellant shall mark his presence before concerned
Police Station on first Sunday of every month between 10:30 am to 2:00 pm
starting from November 2025 for the next two years i.e. till October, 2027.
11. Accordingly, the application stands disposed of.
12. Observations on facts, if any, are only for the purpose of
deciding the instant I.A. and shall have no bearing on the merits of the
appeal.
13. Copy of this order be sent to the trial Court concerned for
information and necessary compliance.
4 CRA-14223-2024
(ANAND PATHAK) (PUSHPENDRA YADAV)
JUDGE JUDGE
SP
